Dyan LaBelle v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On January 6, 2021, Dyan LaBelle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
LaBelle was entitled to compensation. The respondent agreed that Ms.
LaBelle met the criteria for a Table injury, specifically a SIRVA, and satisfied the statutory requirements for compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on June 16, 2022, finding Ms. LaBelle entitled to compensation.
Subsequently, on September 13, 2022, the respondent filed a proffer on the award of compensation. On October 18, 2022, Chief Special Master Corcoran issued a decision awarding Ms.
LaBelle a total of $63,527.78. This award consisted of $62,500.00 for pain and suffering and $1,027.78 for unreimbursed medical expenses.
The award was to be paid as a lump sum check payable to Ms. LaBelle.
Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, later Kraus Law Group, LLC.
Respondent was represented by Jennifer A. Shah of the U.S.
Department of Justice.
Theory of causation
Petitioner Dyan LaBelle filed a petition alleging a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 23, 2019. The respondent conceded entitlement, agreeing that the injury met the criteria for a Table injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on June 16, 2022, by Chief Special Master Brian H. Corcoran. Subsequently, a damages decision was entered on October 18, 2022, based on a proffer. Petitioner, represented by Edward M. Kraus, was awarded $63,527.78, comprising $62,500.00 for pain and suffering and $1,027.78 for unreimbursed medical expenses. Respondent was represented by Jennifer A. Shah. The case was compensated based on a concession of entitlement to a Table injury.
Source PDFs
USCOURTS-cofc-1_21-vv-00131